Nevada 2019 Regular Session Status: Enacted

AB 462 — Revises provisions relating to charter schools. (BDR 34-1090)

Last action — Chapter 367.

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 25, 2019. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to education; requiring the State Public Charter School Authority to establish a plan to manage the growth of charter schools; requiring sponsors of charter schools to provide notice to the Department of Education and certain other sponsors of certain actions relating to opening or expanding a charter school; revising provisions governing the duties of a sponsor of a charter school; revising provisions governing evaluations conducted by sponsors of charter schools; requiring certain reports to be submitted to the Legislative Committee on Education; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

415 added · 422 removed

415 line(s) added, 422 removed.

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(Reprinted with amendments adopted on May 14, 2019) SECOND REPRINT A.B.
Assembly Bill No.
462 ASSEMBLY BILL NO .
462–Committee on Education CHAPTER..........
462–COMMITTEE ON EDUCATION M ARCH 25, 2019 ____________ Referred to Committee on Education SUMMARY—Revises provisions relating to charter schools.
(BDR 34-1090) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Existing law authorizes the board of trustees of a school district or a college or university within the Nevada System of Higher Education that has been approved to sponsor a charter school or the State Public Charter School Authority to approve governing body of the charter school.
Existing law authorizes the board of trustees of a school district or a college or university within the Nevada System of Higher Education that has been approved to sponsor a charter school or the State Public Charter School Authority to approve an application to form a charter school and enter into a charter contract with the governing body of the charter school.
(NRS 388A.252, 388A.270) Section 3 of thishe bill requires the State Public Charter School Authority to establish a plan to manage the growth of charter schools in this State which sets forth the status of existing charter schools and a 5-year projection of anticipated growth in the number of charter schools.
(NRS 388A.252, 388A.270) Section 3 of this bill requires the State Public Charter School Authority to establish a plan to manage the growth of charter schools in this State which sets forth the status of existing charter schools.
Legislative Committee on Education and the Department of Education by not laterto the than January 1, 2020.
Section 7 of this bill requires the initial plan to be completed and submitted to the Legislative Committee on Education and the Department of Education by not later than January 1, 2020.
Section 4 of this bill requires the sponsor of a charter school to provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of the school district where a charter school is located or proposed to be located, as applicable, when the sponsor receives notice - *AB462_R2* – 2 – of certain actions that may be taken or takes certain actions to open or expand a charter school.
Section 4 of this bill requires the sponsor of a charter school to provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of the school district where a charter school is located or proposed to be located, as applicable, when the sponsor receives notice of certain actions that may be taken or takes certain actions to open or expand a charExisting law requires the sponsor of a charter school to evaluate academic needs of pupils in the geographic areas served by the sponsor before soliciting applications to form a charter school.
needs of pupils in the geographic areas served by the sponsor before soliciting applications to form a charter school.
Section 5 also requires such an evaluation to include consideration of dropping out of school.
Section 5 also requires such an evaluation to include consideration of demographic information and the needs of any pupils who are at high risk of School Authority to conduct the first evaluation by not later than July 30, 2019.
Section 9 of this bill requires the State Public Charter School Authority to conduct the first evaluation by not later than July 30, 2019.
If the university within the Nevada System of Higher Education, section 6.3 requires the proposed sponsor in renewing the application to form a charter school, to solicit input from the board of trustees of the school district in which the proposed charter school will be located.
If the proposed sponsor is the State Public Charter School Authority or a college or university within the Nevada System of Higher Education, section 6.3 requires the proposed sponsor in renewing the application to form a charter school, to solicit - 80th Session (2019) – 2 – input from the board of trustees of the school district in which the proposed charter school will be located.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
and - *AB462_R2* – 3 – (d) Charter schools whose charter contracts will expire and the likelihood that the charter contracts will be renewed;
and (d) Charter schools whose charter contracts will expire and the likelihood that the charter contracts will be renewed;
and (c) Any other information the Authority deems necessary to determine whether increasing the number of charter schools or expanding the campuses of existing charter schools will best serve the pupils of this State.
and (c) Any other information the Authority deems necessary to determine whether increasing the number of charter schools or - 80th Session (2019) – 3 – expanding the campuses of existing charter schools will best serve the pupils of this State.
The sponsor of a charter school shall provide written notice to the Department and, if the sponsor is not a school district, to the board of trustees of a school district in which a within 45 days from the date on which the sponsor:d, as applicable, (a) Receives notice of intent to submit an application to ope(b) Receives an application to operate a charter school;
The sponsor of a charter school shall provide written notice to the Department and, if the sponsor is not a school charter school is located or proposed to be located, as applicable, within 45 days from the date on which the sponsor:
(a) Receives notice of intent to submit an application to operate a charter school;
(b) Receives an application to operate a charter school;
388A.220 1.
apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted by the Department pursuant to NRS 388A.105 or 388A.110.
The board of trustees of a school district may apply to the Department for authorization to sponsor charter schools within the school district in accordance with the regulations adopted - *AB462_R2* – 4 – by the Department pursuant to NRS 388A.105 or 388A.110.
Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter School Authority is responsible for the evaluation, monitoring and oversight of the charter school.
Except as otherwise provided by specific statute, if the State Public Charter School Authority sponsors a charter school, the State Public Charter - 80th Session (2019) – 4 – School Authority is responsible for the evaluation, monitoring and oversight of the charter school.
4.
university within the Nevada System of Higher Education may enter into an agreement with the State Public Charter School Authority to provide technical assistance and support in preparing an application to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.
The board of trustees of a school district or a college or university within the Nevada System of Higher Education may enter into an agreement with the State Public Charter School Authority to to sponsor a charter school and planning and executing the duties of a sponsor of a charter school as prescribed in this section.
5.
board of trustees of a school district or a college or university within the Nevada System of Higher Education that is approved to sponsor charter schools [begins soliciting applications] approves an application to form a charter school, the [State Public Charter School Authority,] board of trustees or college or university, as applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of [the] demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.
Before [the State Public Charter School Authority or] a board of trustees of a school district or a college or university within the Nevada System of Higher Education that is approved to sponsor charter schools [begins soliciting applications] approves an application to form a charter school, the [State Public Charter School Authority,] board of trustees or college or university, as applicable, shall prepare, in collaboration with the Department and, to the extent practicable, the school district in which the proposed charter school will be located and any other sponsor of a charter school located in that school district, an evaluation of [the] demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in the geographic areas served by the sponsor.
On or before January 31 of each year, the State Public Charter School Authority shall prepare, in collaboration with the Department and, to the extent practicable, the board of trustees of each school district in this State and any other sponsor of a charter school in this State, an evaluation of demographic information of pupils, the academic needs of pupils and the needs - *AB462_R2* – 5 – of any pupils who are at risk of dropping out of school in this State.
On or before January 31 of each year, the State Public Department and, to the extent practicable, the board of trustees of each school district in this State and any other sponsor of a charter school in this State, an evaluation of demographic information of pupils, the academic needs of pupils and the needs of any pupils who are at risk of dropping out of school in this State.
(b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational needs of pupils and will serve to promote the diversity of public educational choices in this State;
(b) Approving applications to form charter schools that the sponsor determines are high quality, meet the identified educational - 80th Session (2019) – 5 – needs of pupils and will serve to promote the diversity of public educational choices in this State;
(e) Monitoring, in accordance with this chapter and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school sponsored by the entity;
(e) Monitoring, in accordance with this chapter and in accordance with the terms and conditions of the applicable charter contract, the performance and compliance of each charter school spo(f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the written charter should be revoked or the charter contract terminated or restarted, as applicable, in accordance with NRS 388A.285, 388A.300 or 388A.330, as applicable;
(f) Determining whether the charter contract of a charter school that the entity sponsors merits renewal or whether the renewal of the charter contract should be denied or whether the written charter should be revoked or the charter contract terminated or restarted, as 388A.330, as applicable;e with NRS 388A.285, 388A.300 or (g) Determining whether the governing body of a charter school sho(h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330 [.] ;
(g) Determining whether the governing body of a charter school should be reconstituted in accordance with NRS 388A.330;
[and] (h) Adopting a policy for appointing a new governing body of a charter school for which the governing body is reconstituted in accordance with NRS 388A.330 [.] ;
A sponsor may conduct a brief evaluation of a charter school in the third year if the charter school receives, in the immediately preceding year, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools.
A sponsor may the charter school receives, in the immediately preceding year, one of the two highest ratings of performance pursuant to the statewide system of accountability for public schools.
In developing the policies and practices, - *AB462_R2* – 6 – the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools.
In developing the policies and practices, the sponsor shall review and evaluate nationally recognized policies and practices for sponsoring organizations of charter schools.
(b) The procedure and criteria for soliciting and evaluating charter school applications in accordance with NRS 388A.249, which must include, without limitation:
- 80th Session (2019) – 6 – (b) The procedure and criteria for soliciting and evaluating charter school applications in accordance with NRS 388A.249, which must include, without limitation:
and (2) A description of the manner in which the sponsor will evaluate the previous performance of an educational management organization or other person with whom a committee to form a charter school plans to enter into a contract to operate a charter school or a charter management organization that submits an application to form a charter school;
and (2) A description of the manner in which the sponsor will organization or other person with whom a committee to form ant charter school plans to enter into a contract to operate a charter school or a charter management organization that submits an application to form a charter school;
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(d) The procedure for amending a written charter or charter an amendment will be approved which must include, withoutst for such limitation, any manner in which such procedures and criteria will strategically important;termines that the amendment is material or (e) If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations, educational management organizations or other persons to operate charter schools based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;
(d) The procedure for amending a written charter or charter contract and the criteria for determining whether a request for such an amendment will be approved which must include, without limitation, any manner in which such procedures and criteria will differ if the sponsor determines that the amendment is material or strategically important;
(f) A description of how the sponsor will maintain oversight of the charter schools it sponsors, which must include, without limitation:
(e) If deemed appropriate by the sponsor, a strategic plan for recruiting charter management organizations, educational management organizations or other persons to operate charter schools based on the priorities of the sponsor and the needs of the pupils that will be served by the charter schools that will be sponsored by the sponsor;
(1) An assessment of the needs of the charter schools that are sponsored by the sponsor that is prepared with the input of the governing bodies of such charter schools;
(f) A description of how the sponsor will maintain oversight of limitation:
schools it sponsors, which must include, without (1) An assessment of the needs of the charter schools that are sponsored by the sponsor that is prepared with the input of the governing bodies of such charter schools;
and - *AB462_R2* – 7 – (g) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 388A.351.
and (g) A description of the process of evaluation for the charter schools it sponsors in accordance with NRS 388A.351.
Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes grounds for revocation of the entity’s authority to sponsor charter schools.
Evidence of material or persistent failure to carry out the powers and duties of a sponsor prescribed by this section constitutes - 80th Session (2019) – 7 – grounds for revocation of the entity’s authority to sponsor charter schools.
Except as otherwise provided in NRS 388B.290, if an application proposes to convert an existing public school, homeschool or other program of home study into a charter school, the proposed sponsor shall deny the application.
Except as otherwise existing public school, homeschool or other program of home studyn into a charter school, the proposed sponsor shall deny the application.
(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of (b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit proposed charter school and determine the ability of the applicants to establish a high-quality charter school;
(a) Assemble a team of reviewers, which may include, without limitation, natural persons from different geographic areas of the United States who possess the appropriate knowledge and expertise with regard to the academic, financial and organizational experience of charter schools, to review and evaluate the application;
(b) Conduct a thorough evaluation of the application, which includes an in-person interview with the applicant designed to elicit any necessary clarifications or additional information about the proposed charter school and determine the ability of the applicants to establish a high-quality charter school;
(d) If the proposed sponsor is not the board of trustees of a school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;
school district, solicit input from the board of trustees of the school district in which the proposed charter school will be located;
- *AB462_R2* – 8 – (1) Complies with this chapter and the regulations applicable to charter schools;
(1) Complies with this chapter and the regulations applicable to charter schools;
and (2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;
and - 80th Session (2019) – 8 – (2) Is complete in accordance with the regulations of the Department and the policies and practices of the sponsor;
(c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable, the proposed charter school will address one or more of the needs identified in the evaluation;
(c) Based on the most recent evaluation prepared by the proposed sponsor pursuant to subsection 5 or 6 of NRS 388A.220, as applicable, the proposed charter school will address one or mor(d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.
and (d) It has received sufficient input from the public, including, without limitation, input received at the meeting held pursuant to subsection 1 of NRS 388A.252 or subsection 1 of NRS 388A.255, as applicable.
(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the imm(b) The educational focus of each charter school for which an application was submitted;
(a) A list of each application to form a charter school that was submitted to the board of trustees of a school district, the State Public Charter School Authority, a college or a university during the immediately preceding biennium;
(d) If the application was denied, the reasons for the denial.
(b) The educational focus of each charter school for which an application was submitted;
(c) The current status of the application;
and (d) If the application was denied, the reasons for the denial.
If the board of trustees of a school district or a college or a university within the Nevada System of Higher Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than 60 days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS.
If the board of trustees of a school district or a Education, as applicable, receives an application to form a charter school, the board of trustees or the institution, as applicable, shall consider the application at a meeting that must be held not later than days after the receipt of the application, or a later period mutually agreed upon by the committee to form the charter school and the board of trustees of the school district or the institution, as applicable, and ensure that notice of the meeting has been provided pursuant to chapter 241 of NRS.
The board of trustees, the college or the university, as applicable, shall review an application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249.
The board of trustees, the college or the university, as applicable, shall review an application in accordance with the requirements for review set forth in subsections and 3 of NRS 388A.249.
- *AB462_R2* – 9 – 2.
- 80th Session (2019) – 9 – 2.
[in the application.] The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
[in the application.] The applicant must be granted 30 identified in the written notice and resubmit the application.encies 4.
4.
If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application of the application or a later period mutually agreed upon by theeipt committee to form the charter school and the State Public Charter accordance with chapter 241 of NRS.
If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application at a meeting which must be held not later than 60 days after receipt of the application or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority.
The State Public Charter School Authority shall review the application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249.
Notice of the meeting must be posted in accordance with chapter 241 of NRS.
The State Public Charter School Authority shall review the application in accordance with the 388A.249.
[in the application.] The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies.
[in the application.] The staff designated by the State Public Charter School Authority shall meet with the applicant to - 80th Session (2019) – 10 – confer on the method to correct the identified deficiencies.
The applicant must be granted 30 days after receipt of the written notice - *AB462_R2* – 10 – to correct any deficiencies identified in the written notice and resubmit the application.
The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
The Legislative Committee on Education shall hold a hearing as soon as possible after receipt of the plan pursuant to subsection 1, during which the State Public Charter School Authority shall present the plan to the Committee.
The Legislative Committee on Education shall hold a hearing as soon as possible after receipt of the plan pursuant to Authority shall present the plan to the Committee.
to the State Public Charter School Authority concerning the plan.
3.
The Department of Education shall make recommendations to the State Public Charter School Authority concerning the plan.
Unless a request for an extension is approved by the Sta1.
Unless a request for an extension is approved by the State Board of Education, each sponsor of a charter school shall:
BoComplete the site evaluation of each charter school itll:
1.
sponsors as required by NRS 388A.223, as amended by section 6 of this act;
Complete the site evaluation of each charter school it sponsors as required by NRS 388A.223, as amended by section 6 of this act;
H - *AB462_R2*
~~~~~ 19 - 80th Session (2019)
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Amendments

2 amendments

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Action History

  1. Chapter 367.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 711 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  7. Taken from General File. Placed on General File for next legislative day.

  8. Taken from General File. Placed on General File for next legislative day.

  9. Taken from General File. Placed on General File for next legislative day.

  10. Taken from General File. Placed on General File for next legislative day.

  11. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  12. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 711.) To printer.

  13. In Senate. Read first time. Referred to Committee on Education. To committee.

  14. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 37, Nays: 4, Excused: 1.) To Senate.

  15. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 333.) To printer.

  16. From printer. To committee.

  17. Read first time. Referred to Committee on Education. To printer.

Sponsors

  • Assembly Committee on Education · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Education

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

education
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Frequently asked questions

What does AB 462 do?
AN ACT relating to education; requiring the State Public Charter School Authority to establish a plan to manage the growth of charter schools; requiring sponsors of charter schools to provide notice to the Department of Education and certain other sponsors of certain actions relating to opening or expanding a charter school; revising provisions governing the duties of a sponsor of a charter school; revising provisions governing evaluations conducted by sponsors of charter schools; requiring certain reports to be submitted to the Legislative Committee on Education; and providing other matters properly relating thereto.
Who sponsors AB 462?
AB 462 is sponsored by Assembly Committee on Education.
What is the current status of AB 462?
This bill has been enacted into law. Introduced March 25, 2019. Enacted.
Where can I track AB 462?
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